Rights…and Responsibilities

My post last week about a bill authored by Assemblywoman Paulin, which would require motorists to give cyclists at least three feet of space while passing, gathered a significant number of comments expressing a broad spectrum of opinion. A fair number of comments were made with respect to cyclists observing (or failing to observe) the New York State Vehicle & Traffic Law. While some comments centered on first-hand observations with respect to the flouting of traffic laws by cyclists and the need for greater enforcement of existing traffic regulations, others encouraged cyclists to stay off certain roads altogether. Many readers countered that bicycles were explicitly permitted on roadways and motorists need to account for cyclists out riding.

I thought I would share a basic provision of the Vehicle & Traffic Law which I believe speaks generally to the issues identified last week. Section 1231 states, as follows:

Every person riding a bicycle or skating or gliding on in-line skates upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except as to special regulations in this article and except as to those provisions of this title which by their nature can have no application.

This statute means, in effect, the default position of the law is that motorists and cyclists have the same rights and responsibilities, absent a specific law abrogating or overriding the right or responsibility. Said another way, everyone on the road, regardless if traveling on two wheels or four, is required to do their part with respect to safety. The law recognizes this for a reason. It is my request that motorists and cyclists alike remember both their rights and responsibilities the next time they are out on the road. Safe travels.

14 Responses

“…required to do their part with respect to safety.” This couldn’t be more true. Cyclists must not ride recklessly or the wrong way and drivers have to be aware that there may be other users other than cars/trucks on the streets

Capital Coexist is a localized bicycle education campaign that is geared towards educating both the cyclist and the motorist how to ‘coexist’ when using the roadways.

Can you tell me if this law applies to families on nonmotorized scooters? I was driving down a street last night below the posted speed limit and was met head on by a woman and two small children leisurely scooting along. They did not form single file, so I had to move toward the center of the road as I passed them, and the woman eyeballed me defiantly as I went by. I understand this is their neighborhood, so to speak, but the sidewalks were clear and available.

Thanks for this. Legally, yes, we have the same rights and responsibilities. I would say that cars have far greater ethical responsibility however. Large motorized vehicles are deadly weapons, and should be driven with that in mind. If a cyclist doesn’t stop at a stop sign, she’s not putting anyone other than herself in any more than negligible danger. If a truck driver doesn’t stop, she is much more likely to hurt someone else (while being protected from most danger herself).

Every time a bicyclist suggests that maybe drivers shouldn’t hit them, people essentially say “I see bicyclists breaking the law all the time, so it serves ’em right!” Besides ignoring the fact that a large percentage of drivers break the law frequently (running “orange” lights, speeding, not stopping completely, etc.), these comments don’t recognize that badly-behaved bicyclists are certainly annoying but, unlike drivers, rarely life-threatening.

I agree … for the most part. Sometimes, it is not advisable to share the road with the cars. I point to an incident last year where a cyclist was “doored” (someone getting out of their car, opened the driver side door and the cyclist collided with it) on Madison Ave and subsequently, the cyclist was thrown into oncoming traffic. The cyclist was technically doing everything right and fell victim to that. Ultimately, I think it’s important as a cyclist to do everything you can to make sure you won’t get hurt and to always assume that an automobile is going to do the most dangerous thing possible.

I understand that bicycles and cars need to share the roads, but shouldn’t cyclists try to stay near the shoulder of the road? I
have seen countless cyclists riding in the middle of the lane –
What am I supposed to do – follow them for miles? Sometimes the road
is too dangerous to pass because I cannot see oncoming traffic easily.

Both a car and a cyclist should stay as far right as possible, unless passing or turning left. The “as possible” is defined as avoiding obstacles, including, but not limited to, parked cars and or surface irregularities. Yes, we can go around pot holes and rough pavement.

We (cyclists) are also allowed to take the whole lane preventing a car from passing if WE feel that there is not enough room for a car to safely pass us. I do this going under the 2 lane rail road bridge on New Scotland Ave by the Tollgate, and also going around any traffic circle. Basically, I don’t trust a driver to make the right choice, so I make it for him/her.

If the cyclist is riding for miles (really? miles? You are behind them for 4 or 5 minutes, not just a couple seconds?) then I would give them a toot on the horn and pass when safe.

Usually, what is happening is riders are riding on an empty segment of road and you come up on them without their realizing, and they are riding farther to the middle than they would if they knew you were there because of rough pavement near the edge or other reasons.

If this is not the case feel free to report them. They shouldn’t be impeding traffic.

But, if they are turning left… yes. They can and should be in the middle of the road.

Drivers often talk of cyclists breaking laws, but in some cases breaking the law is just plain safer than following it.

Picture this, you are on a busy street with no left turn lane. You are making a left hand turn at a red light and there is no traffic on the cross street.

Your choices:
A: Wait for the light to turn green, then stand in the middle of the street with your hand out to the left waiting for a break in oncoming traffic while cars speed by you very close on the right (and yell “get out of the road!”)

B: Run the light, clear the intersection, and get on with the ride.

These are choices we make constantly. Yes, I will run that light so I don’t have to stand exposed in the middle of the intersection.

If I come to a stop sign I may not come to a complete stop, but neither do ANY of the cars I see there. 5 mph looks a lot faster on a bike than it does in a car. I do slow to a near stop, and if there is a car there (4 way stop) will stand and wait for them to go. But if it is clear I’ll roll through it.

I know these are not the only examples of law breaking. Some people do it just for the thrill of cutting through a busy intersection. (2 minutes on youtube will show proof.) But this is NEVER an excuse for hostile acts toward cyclists. I see cars breaking the law all the time.

Just this morning a car cut around me on the right to make the same left hand turn I was waiting to make and almost collided head on with 2 oncoming cars. Does this give me an excuse to break their window the a U lock? No, that would be stupid. So why would occasionally seeing a cyclist break the law make it OK to see how close you can get to the next one you pass, or to yell and throw something at them?

Honestly, the only reason someone would do it is because they feel they are anonymous and immune in their car. It provides them the safety to do and say what they want and no one will hold them accountable.

Reply to CM-
If the road is too dangerous to pass THEN YOU DON’T PASS! Whether it’s a cyclist, parked car, delivery truck or pedestrian obstructing a portion of the driving lane, many motorists today seem to feel that it’s their right to cross the center line, forcing oncoming traffic off the road, endangering themselves and all the other road users, all to get to their destination a second sooner. NYS law says –
§ 1124. Limitations on overtaking on the left. No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this chapter and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
That means you don’t get to run everyone else into the ditch because it’s all about you!

#6 and #8 – I’m talking about bikes that ride in the middle of the lane and that is the reason they cannot be passed, not because the road is not safe or because they are turning left. I always hesitate to beep my horn at a bike because I don’t want to startle the rider into falling off the bike or riding off the road. And no, it is not actually for miles – but it seems like that after a minute or so.
And #8 – I have no intention of run anyone into a ditch. Quite the opposite, I am trying to avoid getting into an accident and at the same time get to where I need to be without going as slow as the bicycle.

I just had to say – Matt’s comments #6 and #7 are not only absolutely true, but clearly expressed and well written. I ride in Troy and when going down one of the steep streets I will always get in the middle of the lane – yes, drivers behind me won’t be able to go 40mph down the hill (never mind the 30mph speed limit) but will have to poke along at 20-25mph behind me for a minute or two. While 20mph may be slow for them it is fast enough for me that it would be unsafe to ride anywhere but the center of the lane (or even closer to the middle stripe if there is no oncoming traffic).

CM, yes there are occasional inconsiderate people on bikes that make me cringe when they take over the lane for no good reason….cyclists get defensive in any discussion like this though due to the many, many drivers that are not as thoughtful as you….when you cycle every day you lose count of the near misses, the intentional swerve overs, the profanity, the horns leaned on just as they come up behind and the thrown garbage. you keep on being considerate and I’ll do the same….ljp

Reply to Matt (#6)- I have just re-read, and agree with your interpretation of, NYS V&T Art. 34 Sec. 1234, regarding the duty of a cyclist to keep as far right as possible. Actually, I didn’t know cyclists were entitled to a full lane for discretionary hazard avoidance, so that’s good to know. Now it won’t make me mad when I see it. I see your point, too, about the left turn. I would have to say, however, that the bike rolling through the stop sign is my biggest gripe. I’m sure that most bikers have scanned for traffic, and, seeing the way clear, proceeded through the stop sign. Some have not, but it always “looks” like the biker took a headlong dash through the intersection in total disregard of the stop sign. Same with red lights; I’ve been driving 30 years and have seen a bicyclist stop at a red light exactly once. I guess my point is, I understand you, but it’s a “perception” thing that might account for some auto/bike angst. Personally, I would LOVE to see a little more mutual understanding, and more bike lanes, because I’d just as soon bike locally and leave the car home. But what I see happening on the roads around here scares me off from biking.

Just one more thing. How would one report the “impeding cyclist”?

Offended Motorist:”I want to report an impeding cyclist!”
Police Officer:”O.K.,sir. Male or female?”
OM:”Not sure. They were hunched over, and wearing a helmet.”
PO:”OK, can you describe them?”
OM: “Yeah. Real skinny with humongous calves.”
PO: “Uh-huh. What were they wearing?”
OM:”Uh, long, tight black shorts with padding in the butt, a yellow shirt, yellow helmet, black shoes, and sunglasses.”
PO:”Uh, okay, what kind of bike was it?”
OM: “Um, I dunno. I wasn’t a Schwinn. It had hand brakes. Probably foreign. Kinda dark, blue maybe.”
PO: “Uh, yeah, we’ll get a man on it. Thanks for your time.”

Cars rule…period. Our society is currently one with mechanized transportation and the percieved efficency it brings; so much so that driving has become a right and not a privelege. I would guess that the vast majority of drivers don’t think, ” OK, I’m sharing the road with cyclists/motorcyclists/pedestrians/farm equipment/horses, etc…I need to drive without distraction and play nice.” Most folks get in their climate controlled four wheeled-living rooms and carry on with thier busy lives. This may include updating their facebook status, shaving, sneezing, changing songs/movies, passing toys to crying children or studying for finals. That much insulation from reality combined with our ADD lifestyles makes it difficult to realize the potential consequences of poor driving judgement.
On the other hand, a cyclist MUST realize the gravity of their situation every time they ride in traffic. Sometimes that adds to the thrill of commuting. But if you make “statements” by riding in the middle of the lane on posted 40mph blind curves (while doing 12 mph) just because it’s “legal”, then you are a future statistic. You will be “dead right”. If your bike skills are so poor or bicycle so ill equipped such that you must ride on only the smoothest, pebble-free asphalt at all times, then you may want to stick to low traffic routes.
Luckily, the aformentioned stereotypes are (hopefully) in the minority. Just use what should be considered “common sense”.

A: Wait for the light to turn green, then stand in the middle of the street with your hand out to the left ….

B: Run the light, clear the intersection, and get on with the ride.”

Me: How about something both legal and prudent:

C: Make a “pedestrian-style left” by moving to the right before the intersection and *WALK* across, with the light or using the “Walk” light if one exists, then turn 90 degrees ccw, mount your bike and continue, after waiting for the light.

Reply to #12, Jim Crowley:
The conversation you cite is both true and humorous (now), but I guess you’d just have to report it at the time, using your cell phone after pulling over. I’m glad you are trying to show empathy with cyclists while reading this blog. Please understand also that your BIG car tires and suspension systems are a LOT more durable than our bicycles, and that most of our suspension systems are bones, joints and muscles. What LOOKS like perfectly usable shoulder to you in your car may not be so if you were on it. (I sometimes sarcastically will ask, “If shoulders are so great, why aren’t the cars there and bicycles assigned to the center?”)

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